State v. McDaniel

Defendant appeals his conviction after a trial to the court for operating a motor vehicle in violation of an habitual offender order, ORS 811.165, felony driving while suspended. ORS 811.175, and driving under the influence of intoxicants, ORS 813.010. He asserts that his conviction is void, because there is no written waiver of a jury trial. We reverse and remand.

Consent to be tried without a jury requires an express written waiver under both Article I, section 11, of the Oregon Constitution and ORS 136.001. The state concedes that defendant gave neither a written nor an oral waiver.…